provisions of zhejiang province for the administration of key construction projects-518棋牌

(adopted at the 50th executive meeting of the people’s government of zhejiang province, promulgated by decree no.270 of the people’s government of zhejiang province on april 14, 2010)

chapter i general provisions

article 1

with a view to optimizing investment structure, ensuring the quality and safety of key construction projects and enhancing investment benefits, these provisions are formulated in accordance with the provisions of relevant laws and regulations, and in the light of the actual circumstances of this province.

article 2

these provisions shall be applicable to the construction, coordination, service and administration of all key construction projects in the administrative area of this province.

article 3

the term “key construction project” as mentioned herein refers to a construction project in infrastructure, social undertakings, industrial development, ecological conservation or any other area designated by the province or a municipality with sub-administrative pision of districts (hereinafter referred to as “municipality”) as important and influential to national economy and social development. the specific standards for the designation of such a project shall be formulated by the provincial or municipal development and reform administrative department and other relevant departments, approved by the provincial or municipal government and promulgated afterwards.

the term “key construction project invested by the government” as mentioned herein refers to a designated key construction project among the government investment projects as specified by article 2 and article 3 in the “provisions of zhejiang province for the administration of government investment projects”.

article 4

the people’s governments at or above the county level shall strengthen the leadership in the construction and administration of a key construction project, organize and coordinate the major issues in its construction and administration, implement relevant responsibility systems, and supervise and urge relevant administrative organs and organizations/departments to fulfill their duties according to the requirements of the key construction project and relevant laws.

the people’s government at the town level and the sub-district office of the government concerned shall support and assist the construction of a key construction project, create for it a good environment and safeguard its smooth implementation.

article 5

the development and reform administrative departments at or above the county level shall be responsible for the coordination, service and general administration of a key construction project.

the finance, economic and information technology, housing and urban-rural development (planning), water resources, land resources, transportation, agriculture, forestry, ocean and fisheries, environmental protection, work safety administration, audit and supervision departments at or above the county level shall fulfill their duties in the coordination, service and administration relevant to a key construction project.

chapter ii preparation

article 6

a key construction project shall be designated in accordance with the planning of national economy and social development, the state policies for different industries and the standards and requirements of environmental protection, safety, energy conservation, technology and the comprehensive utilization of resources.

article 7

to apply for the designation of a provincial key construction project, the organization or department in charge of its construction shall file a written application to the relevant administrative departments of the provincial people’s government or to the people’s government of the municipality or county (or county-level city) in accordance with the following procedures:

1. a government investment project shall apply after its project proposal or project feasibility report is approved; and

2. an enterprise investment project shall apply after it is approved or put on record.

the relevant administrative departments of the provincial people’s government and the people’s governments of municipalities and counties (or county-level cities) shall collect the applications and report them to the provincial development and reform administrative department before the end of november each year.

the provincial development and reform administrative department shall consult relevant administrative departments at the same level, submit a list of eligible projects for preliminary selection to the provincial people’s government and promulgate it after approval.

article 8

the procedures for the application and designation of a municipal key construction project shall refer to the provisions in article 7 in these provisions.

article 9

for a key construction project that may bring forth important influence on the economy, the society and the direct interests of the people, the relevant people’s government, its departments and the proprietor of the project shall initiate public hearings and consultation meetings in accordance with relevant laws, regulations and rules in order to solicit public pinions in an extensive way and fully prove its necessity and feasibility.

article 10

a key construction project shall be examined, approved or put on record and go through other necessary procedures in accordance with relevant laws, regulations and rules.

article 11

should a key construction project demand land or ocean (water) resources, the selection of its site and its designing should go in line with the general planning of the land resources, the urban-rural planning, the planning of functional ecological and environmental areas, the planning of functional ocean areas and the planning of water resources protection. the land and ocean (water) resources shall be allocated and utilized in a rational and intensive way and the provisions of relevant laws, regulations and rules on planning, land resources, ocean (water) resources and environmental protection shall be observed strictly.

article 12

unless otherwise specified by state regulations, a key construction project shall implement the project legal person responsibility system. the legal person of the project shall be responsible for the planning, the raising and management of funds, construction implementation, work safety, environmental protection and other related issues of the project.

article 13

a key construction project shall implement the bidding system. the legal person of the project shall invite bids for the survey, design, construction, supervision, materials and equipment purchase and the overall contract of the project in accordance with relevant laws, regulations and rules. the bidding activities of a key construction project invested by the government shall be held in places specified by the provincial or municipal people’s government.

chapter iii guarantee of service

article 14

the people’s government of the place where a key construction project is located shall provide support and assistance in the requisition of land, utilization of ocean (water) resources and the demolishing of houses and relocation. it shall carry out relevant coordination and service work actively and provide a good environment for the construction of the key construction project.

article 15

the development and reform administrative departments at or above the county level shall carry out the coordination and service work for a key construction project according to law. should difficulties arise in the coordination of major issues, the people’s governments at the same level shall be notified for resolution.

article 16

the land and resources administrative departments at or above the county level shall prioritize the arrangement and guarantee the distribution of the quota for newly-added land for construction use and the quota for the requisition-compensation balance of arable land for a key construction project. they shall also carry out, according to law, the administrative and service work in the approval of land use and other relevant fields.

article 17

the planning and environmental protection administrative departments at or above the county level shall carry out the approval, and licensing work for a key construction project in the field of site selection and environmental protection.

article 18

the finance administrative departments at or above the county level shall prepare and promptly disburse the funds for a key construction project invested by the government in accordance with relevant regulations of the budget and treasury administration system.

article 19

the people’s governments at or above the county level and their relevant departments may organize joint meetings, investment forums and other activities as platforms for the cooperation between the constructor of a key construction project and the financial institutions.

article 20

should the environmental protection, safety, energy conservation, earthquake, geologic hazard, prospecting of cultural relics, flood control, water and soil conservation, fire protection, civil air defense or other issues related to a key construction project be evaluated (appraised), the existing materials and evaluations (appraisals) shall be utilized with preference in order to avoid or reduce repetitive evaluations (appraisals) and the joint approval mechanism and overall evaluation (appraisal) system for key construction projects shall be set up gradually.

article 21

the public security organ in the place where a key construction project is located shall strengthen the supervision and administration of public security and fire protection in the construction sites, warehouses and other areas of the key construction project.

article 22

the electricity supply, transportation, telecommunication, water supply, heating, gas supply organizations/departments and other relevant organizations/departments supplying a key construction project with materials and equipment shall fulfill their obligations as specified by the contract to make sure the needs of the key construction project are met.

article 23

apart from the state and provincial provisions, no other policies shall be issued by any organization/department to collect any fee for a key construction project.

the legal person of a key construction project has the right to refuse to pay any fee not approved by the state or the province according to law.

chapter iv implementation

article 24

during the implementation of a key construction project, the legal person of the project shall organize the survey, design, construction and supervision organizations/departments to set up a strict quality assurance system and supervise and urge quality control in each sector. the legal person of the project shall implement the project in strict accordance with the designing documents and shall not, with any excuse, require the designing or construction organization/department to violate the provisions of relevant laws, regulations, rules or compulsory standards of the state or the province during the designing or construction of the project.

the survey, design, construction and supervision organizations/departments shall meet the requirements of quality control in their respective sectors in accordance with the “regulations on administration of the quality of construction projects” issued by the state council and other relevant laws, regulations and rules. they shall be responsible for the quality of the surveying, designing, construction and supervision work respectively.

the relevant project quality supervision and administration departments shall supervise and examine the quality of the project and investigate and deal with quality problems in a timely manner according to law. should a severe quality issue arise, the project shall be ordered for suspension according to law.

article 25

a key construction project shall implement the project contract management system. the legal person of the project shall sign written contracts with the organizations/departments in charge of the surveying, designing, construction, supervision, materials and equipment purchase, agent, electricity supply, water supply, heating and gas supply of the project according to law to specify the rights and obligations of all parties and the terms for the fulfillment of the contract. the management of the project and the settlement of the project payment shall be carried out strictly in accordance with the terms in the contract.

article 26

relevant organizations/departments involved in a key construction project shall carry out work safety, civilized construction, environmental protection and other special work in accordance with relevant laws, regulations, rules and systems.

article 27

a key construction project invested by the government shall be implemented in strict accordance with the approved construction scales, standards and estimates. should the necessity arise that the construction scales be enlarged or reduced, the construction standards be raised or lowered, or the project estimates be adjusted, the change shall be carried out after approval is obtained from the original department of examination and approval.

article 28

the legal person of a key construction project invested by the government shall submit progress reports regularly to the local development and reform administrative department and the competent department of the project-concerned sector on the arrival of funds, the progress of the project and other relevant issues. should a major problem arise, special reports shall be submitted. the progress reports shall be copied at the same time to the finance administrative department, the audit and supervision organs at the same level.

article 29

the development and reform administrative departments at or above the county level shall supervise and inspect regularly the annual investment plan, project progress and other issues of a key construction project invested by the government together with relevant departments at the same level. should the annual investment plan or project progress be found behind schedule, a notice of criticism shall be circulated in a serious case.

the provincial and municipal inspection institutions for government investment projects shall inspect a key construction project invested by the government according to state and provincial provisions and report the results of the inspection to the people’s government at the same level.

article 30

the housing and urban-rural development (planning), transportation and water resources administrative departments at or above the county level shall, according to their respective responsibilities, supervise and inspect the key construction projects in their respective sectors.

the finance administrative departments at or above the county level shall supervise and inspect a key construction project invested by the government on its use of fund and its overall financial situation.

the audit administrative departments at or above the county level shall audit and supervise a key construction project invested by the government on the execution of the budget and the final account.

the supervision adminstrative departments at or above the county level shall, according to law, supervise and inspect relevent administrative organs and their workers on the observation of laws, regulations and rules in their supervision and administration of key construction projects.

article 31

the check and acceptance of the completion of a key construction project invested by the government shall be executed in accordance with relevant provisions in the “regulations on administration of the quality of construction projects” issued by the state council and the “provisions of zhejiang province for the administration of government investment projects”.

the check and acceptance of the completion of a key construction project invested by enterprises shall be organized by the proprietor of the project. the report on the check and acceptance of the completion of the project shall be submitted to the competent departments concerned and to the development and reform administrative departments within 15 days from the date when the completion of the project has been accepted. should relevant laws and regulations specify other provisions on the subject of check and acceptance for the completion of the project, such provisions shall prevail.

should a key construction project be checked and accepted in criteria concerning planning, environmental protection, water and soil conservation, geologic hazard prevention and handling, work safety, fire protection, civil air defense, archives or other issues, the relevant administrative departments shall, according to law, organize the specialized checks and acceptances before the check and acceptance of the completion of the project. joint checks and acceptances shall be carried out for different specialized fields should conditions permit.

article 32

when the trial period after delivery expires for a key construction project invested by the government, the provincial and municipal development and reform administrative departments shall conduct post-project evaluations on chosen aspects with other relevant departments at the same level. the post-project evaluations may cover preliminary preparation, implementation, project quality, investment benefits, environmental benefits, social benefits and other issues. the conclusions of such evaluations shall be reported to the people’s government at the same level.

the specific measures for the post-project evaluations shall be formulated by the provincial development and reform administrative department and other relevant departments.

chapter v legal liability

article 33

should any conduct violating these provisions be held legally accountable in accordance with relevant laws, regulations or rules, such laws, regulations or rules shall prevail.

article 34

should the development and reform administrative department at or above the county level commit any of the following conducts, the people’s government or other relevant administrative departments at the same level shall order it to rectify and the person in charge held directly liable and any other person held directly liable shall be penalized by competent organs according to their respective administrative responsibilities:

1. misappropriating, withholding or embezzling the fund of a key construction project;

2. failure or ineffective fulfillment of proper duties according to law, which causes relatively severe losses or delays the progress of a key construction project;

3. collecting any fee other than those approved by relevant provisions;

4. disclosing any trade secret acquired through work;

5. conducting any inspection (examination) or administrative penalty other than those approved by relevant laws; or

6. any other conduct that neglects proper duties, abuses power or engages in malpractice for personal gains.

article 35

should the electric power, transportation, telecommunication, water supply, heat supply, gas supply, finance or insurance organization/department fail to fulfill relevant obligations in accordance with the terms in the contract, which brings about negative influence upon a key construction project, the people’s government of the place where the key construction project is located shall order or advise competent organs to penalize the person in charge held directly liable and any other person held directly liable according to their respective administrative responsibilities, apart from relevant legal penalties for the breach of contract.

article 36

should the legal person of a key construction project commit any of the following conducts, the development and reform administrative departments at or above the county level or other relevant administrative departments shall, according to their respective duties, order him to rectify and a fine of no less than 2,000 yuan but not more than 20,000 yuan may be imposed. in serious cases, a fine of no less than 20,000 yuan but not more than 50,000 yuan may be imposed. the person in charge held directly liable and any other person held directly liable shall be penalized by competent organs in accordance with their respective administrative responsibilities.

1. misappropriating, withholding or embezzling the fund from government investment or the fund for the compensation of the requisition of land and the demolishing of houses;

2. obtaining fund from government investment through fraud and deception, or delaying the progress of the project because self-raised funds fail to arrive in time; or

3. without approval, enlarging or reducing the construction scales, raising or lowering the construction standards, or adjusting the project estimates in a key construction project invested by the government.

article 37

should the legal person of a project, or the survey, design, construction or supervision organization/department commit malpractice which results in a project quality accident, personal injury or death, or loss of property in a key construction project, it shall be held with relevant civil liability in accordance with the provisions of relevant laws, regulations, rules and the terms of the contract.

article 38

any conduct violating these provisions that constitutes a crime shall be investigated for criminal liability.

chapter vi supplementary provisions

article 39

these provisions shall apply to the construction and administration of all state key construction projects within the administrative area of this province. should the state specify other provisions, such provisions shall prevail.

article 40

these provisions shall be effective as of june 1, 2010. the “provisions of zhejiang province for the administration of key construction projects” issued by the provincial people’s government on december 7, 2001 shall be repealed at the same time.